tonight. see you next time. gerri: hello, everyone, tonight on "the willis report." the white house has a new plan to help health insuuance companies reinstate canceled coverage. to give them more money. >> do not let the initial problems with the website discourage it. >> also, the pitiful tests scores of american high school students. and it's not just forids struggling to make it. how do you do that? the correct way to return an unwanted gift. we are watching out for you tonight on "the willis report." ♪ ♪ ♪ ♪

gerri: welcome to "the willis report." you are sure will and your money. tonight, your pesident trying to sell obamacare into the overt growing list of witches and broken promises. with more on this, they had fellow of the heritage foundation. thank you,d, for joining us. but i would like you to respond with president actually said. here he is. >> do not let the initial problems discourage you, because it is working better now and it will keep on working better over time. everyday i have checketo make sure that it's working better. and we have learned not to make wild promises about how perfectly suitable be at all times. gerri: not even close to

perfectly smooth. what do yo say? >> we still hve a long way to go. the president himself said that obamacare is more than a website and i think that it's discouraging a lot of people. not just the website, but what they find when the website does work. they are not all that happy with ehois i obamacare.

no health care. you have more people without coverage than with covage because of obamacare. we are still in a situation where people can go to the doctor or hospital and have coverage. i mean, i am just shocked at how bad this is. >> unfortunately there will bea lag, but i think in about six months, it shows whether in fact this increases or decreases coverage. and i wouldn't be surprised of it shows in the first quarter of 2014. gerri: i think i got through to question number one, and that was really about it. you're going to haveo come back. thank you for coming on, i appreciate your kind. and coming up next, helping us break down the next obamacare lawsuits. you will have to hear that next.

here's one that had me shaking my head. running america,ind and solar power could leave millions in the dark. our nation's power grid cannot hale the massive variations of whether the sun i out or not out, whether it's willing or not willing. whether it's lights out for the push. joining me now is a senior fellow at the manhattan institute and author of the book, regulating to disaster, how green jobs policies are damang america's economy. america's economy, what about this great? this seems to be contrary you would think that renewable energy would save energy but the opposite seems to be true. >> yes, the problem is that renewable energy, wind and solar, it is more expensive an right now they are producing about 5% of our electricity. well as coal reduces about 40%.

natural gas and oil produces a substantial amount also. so here the government is trying to get us to switch to a more expensive fuel and at the same time, one that is difficult to store with wind and solar. gerri: we know it is more expensive, we are paying for them and the taxpayers are paying for all of this, either through tax breaks or the green energy companies or other kinds of write-offs. but at the end of the day, why can the grid not handle it? what is a technil issue? >> it is difficult. they turn and they create energy, it is difficult to get that energy over to the coast and we generate a lot of wind energy in the country. and it's difficult to get

overlooked where it's needed. and once you start rying to get it out elsewhere, it is a little bit more difficult. but the big problem is tha the wind is heavily subsidized and it's more expensive. so germany and spain have ended their subsidies because it is just so expensive. for example the energy department says the average costs of natural gas are $66. >> that tells a story, doesn't it? and from what inderstand, if you live in california, you put solar panels on their house and it's not likely you will stay in the house long enough to pay off those solar panels. even so, the devils are in the detail. and it's really hard to make it

work and make it makes sense. talking to you about a supercomputer. you know about this? >> it was in the "l.a. times" today. >> it is a fascinating story. the public generally thinks this is benign, and that is renewable energy like we are talking about. basically the government is trying to make this all happen and all were. >> yes, but the same time, the president producing all of this oil, but we don't have pipelines to get it out. to the refineries where it's needed. and so we have to figure out how to transport that and really we should be okay sings on a pipeline infrastructure rather than trying to get solar and wind into the electricity grid.

gerri: i agree with you totally on that. all this messing around with renewable energy and solar powe it will ultimately result in those because of our efforts to go after a kind of energy that really isn't there t and it's not really ready for prime time. >> yes, california has a law that 33% of electricity has t be produced by renewables. right now that is technologically impossible. colorado is 30%, they are trying to put in the systems that do not generate enough energy, the at the same time, we are cutting back on coal because of new epa regulations and that is where thepotential might occur. there just isn't enough capacity. especially if we are going to be running on electric cars, you have to get the electricity to be a part of it. >> it is a spontaneous

congestion engine. gerri: thank you for coming on. we appreciate your time. we have more to come this hour. including a warning for holiday shoppers. why you should look at the return policy before you buy. and the u.s. is pretty much in the middle of the pack when it comes to test scores. what are wdoing wrong? swers are coming up after the break. so i can reach ally bank 24/7, but there are no branches? 24/7. i'm sorry, i'm just really reluctant to try new things. really? what's wrong with trying new things? look! mommy's new vacuum!

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gei: disturbing news about the united states education system. math, reading, science, american teenagers are walking behind their peers in asia and in europe. so what is going wrong here? twenty now is mark schneider, and a frmer commissioner on the natinal center and mark, thanks for joining me today. this is the u.s. world education

drinking. and in math, u.s. studen ranked 31st down from 25 and 2009. does this concern you? >> not as much as youmight think. the fall of our education system is all overstated. sure, we should be doing better, but the fact of the matter is the numbers don't tell us anything about the economic fure of the united states and where we are going or even what to do about it. gerri: i have plenty of stats for that. t let me show you this. thirty-five countries scored higher, science, 27 scored higher, reading, 23 scored

higher. lately some of the countries that are ahead of us. vietnam, ireland, poland, at the end of the day, if you don't agree with the numbers, do they tell a broad story that is basically accurate? >>well, in genel, it's a legitimate test. the problem is we are going to get all upset about these outcomes and the part of the reason that people ce is because they are telling us something about the productivity of the next generation of workers and says that her students are not going to be competitive five years down the road when i finished college were when they go into the workforce. but we have had a level of literacy in the unit states it is actually okay. but what we really have to worry about is the kind ofthings that will happen to the the students

when they get into the economy. gerri: you make a good point and you talk about the productivity of the students on what i'm worried about is the productivity of the american taxpayer dollar. race to the top, no child left behind. billions of dollars of education and what do we get for? i'm not seeing a lot of that here. i'm not seeing a lot of preparation for the real world. >> that's right, the scariest part about this test we are talking about is that it is administered by the organization for onomic cooperation and development and actually, they are already issuing dozens of recommendations about what these results imply for the american education system. the fact of the matter is that most of these recommendations are based upon countries that have different economic systems and have different social

systems and the recommendations are actually pretty much precooked. there is a very strong bias with what they are going to do. and they are taking the data embedding him and setting the policy reommendations. gerri: mark, i understand what you're saying. i believe that it's true. even the data that hasn't been to and cooked and turn all over the place, it shows the similar problems as well. our students are not performing and they will not perform in the economy and the taxpayer keep throwing money and notng happens. the next time we talk, let's talk about solutions. they give are coming on, that's great information. gerri: with the u.s. smack dab in the middle of the pack, which countries are at the top? that ispart of tonight's top five. number five, this country has the most success in math. japan, science is a big winner for students in this country and hong kong and number two is

singapore, 15-year-olds in singapore about the high scores in math, wow. and the number one country with the best test score is china. student here got number one in all three subjects with the biggest scored in math. and others making the top of the list included finland and canada and poland. so you can't have those anymore. later in the show, more coverage of obamacare. a flurry of lawsuits and actually answer the question how do you do that? we will tell you what to look for when you're getting ready to return presents this year. bedrest and that? we will help you take it back

gerri: another record cybermonday. millions of americans log on to take advantage of free shipping and massive deals. sales were up nearly 21% in 2012. the spending surge came after a disappointing thanksgiving weekend. yesterday marked the highest five-day online sals period ever. and to top it all off, mobile devices accounted for 17% of cybermonday sales. going in 2005 come all the way back then to give people the ability to shop online. retail has expanded deals, stretching them into cyberweek or even cybermonday and consumers are becoming immune to cybermonday and demand

discounts. yes, we do. now, if you buy someing over the holiday weekend and you're already thinking of returning, or maybe get something at christmas time you want to give back, we have our expert barry bbons to give us advice. and so here is what typically happens. you have a lot of markdowns, i'm worried that return policies will be tougher than ever. >> ey are pretty tough, but we have extended return policies for the holidays. with amazon, you have until the end of january to return it. gerri: okay, so they do try to help us to. >> guesstimate you try to be a little bit more generous. staples gives 15 extradays, target is 45 days, you may have a short window for the electronic rerns the. gerri: at the end of the day whene are talking about the

retailers who are most persnickety about taking things back. >> this is a 9 billion-dollar a year problem. this is when you go to a fancy store. you buy a dress, you wear it to a fancy party. u return it with the stains or whatever the ccse may be. this is huge. problems show that one in six women actually admit to war drubbing. >> with this timeframe thing,

it's obviously huge, it's a little bit confusing come you have to have your receipt, and you also need to know if there's a difference between online and different brick-and-mortar. and so it's definitely very confusing for consumers and it's all in the fine print. gerri: absolutely. we have an app that we can use for that. it's very helpful. [applause] >> and then it's going to let you know via text message or alert, when that window is about to close. particularly with electronics. gerri: okay, great ideas. places that are easy to return to? >> yes, this is a good list. anthropology, bloomingdale's, despite the fact that they do have those annoying things on the dresses. so you can't do the war drubbing. gerri: and you can't hide it when you wear it. forget the dresses were second.

i recently bought a pair of shoes and the heal broken way that it shouldn't have. i took a back to the retailer, i didn't have a receipt, i have nothing. and this was nordstrom. i'm going to call them out because they did a great ob. they are on the top list. they take things back anytime, no questions asked. >> that's wonderful. gerri: they took the shoes back and they went through their own electronic records and found something that looked like a purchase, buthey weren't sure and they let the exchange the item anyway. >> l.l. bean, lands end, also very good. that poses another that is very good. rei, used to be fabulous about taking things back, but not anymore. they have actually just shortened the indow and now you have a year in which to make the return because they have problems with people returning counterfeits and serial returners nd they had issues

about a crackdown on. returning is a privilege and not a right and we have a few pple that have abused that privilege, making it difficult for everyone else. gerri: comg up next, how lawsuits are the next big problem facing this massive law. stay with us. as a business owner, i'm constantly putting out fires. so i deserve a small business credit card with amazing rewards. with the spark cascard from capital one, i get 2% cash back onry purchase, every day. i break my back around here. finally soone's recognizing me with unlimited rewards! meetings start at 11, cindy. [ male announcer get the spark business card from capital one. choose 2% cash back or double miles on every purchase, every d. what's in your wallet?

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gerri: the sleigh bells ring already. legal battles in an incoming wave of lawsuits across the

country could derail the law. with more on this, a business law attorney. it's great if he as he was always in thank you for coming in. and a federal judge in washington dc, saying that the ire as does not have the authority to provide tax credits for subsidies to focus o obamacare. what is he going to do this case? >> well, this is one of the most cases richmond federal case saw a case like this as well, known as the king case. two thirds of these changes will have the employer or employer mandate fractured out. >> if ou take a look at this one legal issu and there are

other issues out there, if the employer and employee mandates are part of this, and it's been overly broad, the rulings are just a few weeks away. gerri: that's very interesting. you have any idea on a? >> well, it's a great question. i think that generally agencies are supposed to get deference there's a lot of law, and in this ase i predict that the justice department loses because the irs regulations are trying to patch a hole in the law hat goes against the language of the affordable care act. saying that these subsidies didn't establish these.

gerri: there's another lawsuit suing the obama administration, student employees in the coverage of birth control at the university of notre dame. we make of this? >> i think that's another major case. also to the hobby lobby case it is part of the supreme court. and i think that my prediction is that the justice department loses on this and the supreme court is going to look at is in a close vote and they are going to say that there is no justification for justification to the supreme court that companies have a first amendment right of political expression and what they have religious expression. i think that's going to be a problem for the justice

department. gerri: right on obamacare, birth control is free. it's not just something you have to provide. it is also free. t's talk about businesses. the supreme court will hear the first amendment religious liberties law. you mention hobby lobby. will that go somewhere? >> i think that hobby lobby is going to win that case. because not only on the basis of the fact that the door is already broken open on the first amendment, recognizing liberties for companies, but also they are going to have to live at the fact that there are already regulations in place to provide legitimate exemptions for religious organizations and religious-based associations. traffic is coming only differentiate between that and private companies is that they are are for-profit. and with the bases. just because a company makes a profit that they should have different first amendment liberties on the constitution. if you're looking at rulings that are weeks away and going to have a foundational impact on obamacare.

gerri: if the law is to be dismantled, it is through the courts. what do you say? >> i think that's right. >> a foundational aspects have been fast tracked. they have iled motions to dismiss this. they have fast-track thoe cases we will be having those answers quickly. gerri: i know that means that you have come back and talk to us about it.

gerri: we will tell you what this means with the judges being bankruptcy plan.

>> everyone who knows that things are stabilizing in detroit. we got hit by the subprime mortgage crisis. and we need to be out there in less than two weeks to demand that we are not going to do take this. gerri: did you hear that? the judge clearing the way for the biggest bankruptcy in the country's history. steve moore, an editorial board member joins me now with the latest.

>> that was a great soundbite that you just played. i didn't realize that things were going so well in detroit. and it sounds like it is actually within a 30 year freefall. it fell to about $750,000. and that has been done over decades. >> that means theexisting contract could be nullified, that is bad news for the unions. gerri: i have been in some of

these neighborhoods. houses have been stripped of everything. like copper and wiring, naked stripped down, and it looks like a huge waste land, really, and some of the numbers hey are and giving a couple of facts there, 40% of the streetlights are out. and the national average is 11. what do you think of that? >> i believe this is actully good news for the state of michigan, good news for the ci of detroit. because i think they now can start to rebuild. i honestly believe that this is for the city of detroit.

>> it doesn't matter what it is, it's all going to be handled the same. how do you think that that will get resolved? are people who are retired, they may not get it. >> it's a very sad story for the city of detroit and now we are looking at 30 or 40 on every dollar that is owed in health care and pension benefits. and now thecity has the right to renegotiate the contracts. but will there be a bailout? will there be a state bailout and will there be an uncle sam bailout? i wouldn't put it back up past the politicians to try to do

that. and people are in worse shape, the people on those bonds and this is a big thunderous message for people without for 50 years but those are state investments. gerri: steve moore warning you about in a imple bond. go times, great information. gerri: thank you for coming on the show. detroit isn't the only part of this country in dire straits. the nly state egislature has closed the state 100 billion-dollar pensions shortfall. union officials saving $160 billion over the next 30 years, the governor says he supports and will sign the measure in illinois as the country's worst pensionproblem. still to come, i "two cents more" and the dowjones up

almost 20% this year. the details are coming out next.

gerri:tñ

gerri: stock sinking for the third straight day. concerns continue over consumer spending worries and do you ever wonder why most stocks do not

move in the same direction? here is david nelson. i have to say that it's not just the stocks. it's my portfolio that doesn't work necessarily. a lot of people out there tonight wondering why not. >> th indexes are part of the largest company out there. >> amazon, apple, google, big companies are growing. >> they are the biggest companies out there. and it's not really like that. it is the highest priced stock and it has a huge weight down on the year. gerri: you can say wow, they are donebut their other companies that haven't done as well that might be worth buying. >> it true.

they have a stock up 40%, but it's a very small company with the s&p 500. it won't have the index much. >> my point is that some of these stocks have moved less than others. and that is done to the fundamentals. the s&p 500 are up 20% this year. but their companies that are out. >> i had a pretty lousy day in the market, i think what has happened is there a lot of individual stocks in the last10 and 15 years, retail investors, even institutional investors bbcause of the lot last for them as well. gerri: what you see in your crystal ball for the market?

>> the best case scenario is a 7% return. that would put us up about 7% and if we could get the multiple expansion and get the earnings. >> i think that that the united states is on the path to energy independence and we have enormous implications for the market and we will pay in terms of multiples for stocks. it includes the dependency on it in the last couple of decades. >> i bought one today, and it is part of this, it is a symbol. and literally there's a

7 million share offer. >> you like the company? >> yet. >> they are into shale. gerri: thank you for coming on the show, it's great to have you. under question tonight, is your portfolio beating the market? log onto gerriwillis.com and on the right-hand side of the screen and i will share the results in about five minutes. and time now for a look at stories on fox business.com. investors continued to worry about stimulus. the dow jones fell for the second straight day. and nearly 42%, thanks to strong finance and chrysler sales at 16% and ford of 7%. home prices rising slightly in

october and more evidence prices are beginning stabilize. but prices have risen 12 and a half precent from a year ago. and the national transportion safety board says right now they do not know whether faulty brakes have been part of new york city's train derailment accident. the train was going 82 miles per hour when it should have been going no more than 30. and those are some of the hot stories on fox business.com. and the relts of the poll after the break. stay with us. every day we're working to be an even better company - and to keep our commitments. and we've made a big commitment to america. bp supports nearly 250,000 jobs here. through all of our energy operations,

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♪ gerri: earlier this hour we talked about how some stocks popular with individual

investors are not doing as well as the broader market. so is your portfolio beating the markets? we ask the question. 39 percent said yes, 61 percent said no. i can relate to you, 61%. be sure to log on to gerriwillis.com for our online questionnaire really take. here are some of your e-mails. i choose not to shop online. i believe you are taking jobs away from every day americans when you point and click for your purchases. we need re jobs, not more chnology. and here is wrong from connecticut. we will be spending a lot less on christmas, a lot less. have to keep more on hand to spread out the months ahead. nothing is certain any longer, not even a few months of security. dennis from the grace enough carolina says nothing seems to be improving at the health care website, trying to enroll for weeks with no improvement. rhonda from virginia rice after all of this mess with obamacare and understood other scandals of the administration i am getting ticked off and don't think that there is one on this person up there.

we love hearing from you. send me an e-mail. go to . finally, the administratioand finally time improvement on obamacare enrollment. yesterday's will double the weekly average, but even at this rate the administration get pas of thousands enroll by january 1st. more will have to be completed by dec. 23rd to even get close to their goals if. that is according to robert liz's keegan hlth care policy analyst. the back end of the site continues to struggle with insurers telling him that about 10% of a romance have some sort of problem. and your information is not safe, not yet, not on this website. the best course of action for some many of us right now, if you were in the market for private sector health care insurance go to the private sector getting better, but their risks remain. that is my "2 cents more". and that is it for tonight on "the willis report." thank you fojoining us. do not forget to record the show

if you cannot catch us live. have a great night, and we will see you back here tomorrow. ♪ lou: president, today tried to dismiss problems that continue to play the obamacare website. but the reality is, the website still is not working as it should. the obama administration still will not tell us how many people have successfully rolled and purchased obamacare insurance. we will have considerably more comment on those circumstances here tonight. i'm "lou dobbs tonight". ♪ good evening. the president today defiantly declared that obamacare is here to stay. regardless of the failures during a sometimes r